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IPR Estoppel Provisions May Not Be That Scary After All

Author: Yue (Joy) Wang

2/21/2017

Read the full post at Post-Grant Counsel

IPR Estoppel Provisions May Not Be That Scary After All

IPR petitioners wary of the statutory estoppel under 35 U.S.C. § 315(e)(2) may have reason to be cautiously optimistic. Judge Sue Robinson of the Federal District Court of Delaware recently held that Toshiba is not estopped from presenting invalidity grounds at trial that it did not raise in an earlier IPR. Intellectual Ventures I LLC v. Toshiba Corp. No. 1:13-cv-00453, D.I. 559 & 574 (D. Del. December 19, 2016 & January 11, 2017).